(c) Question: The Gemara in the first Perek of Kerisus (in connection with 'Let not a Gezeirah-Shavah be light in your eyes' - implies that Abaye learns Bito me'Anusaso specifically from a Gezeirah-Shavah?

2) TOSFOS DH TANI AVUHAH DE'REBBI AVIN

תוספות ד"ה תני אבוה דרבי אבין ...

מדבעי קרא, משמע דלית ליה גזירה שוה ד"הנה הנה" ו"זמה זמה".

(a) Inference: The fact that he requires a Pasuk, implies that he does not hold of the Gezeirah-Shavah of "Heinah Heinah", and Zimah Zimah".

ותימה, א"כ בת בתו ובת בנו מנא ליה דבשריפה?

(b) Question #1: In that case, from where does he know that Bas Bito and Bas B'no are subject to Sereifah?

(b) Question: The Gemara says in Perek Cheresh that the Chachamim did not institute marriage with regard to a Katan, and in 'ha'Ishah Rabah' it says that their wives are exampt from Chalitzah and from Yibum, implying that their Bi'ah is a Bi'as Z'nus?

(c) Answer: It is nevertheless not considered a Bi'as Z'nus, as we see from the Gemara in Perek ha'Koseiv which states that a Katan whose father married him off, the Kesubah is valid.

5) TOSFOS DH VE'HA'MALVEH SELA LE'ANI

תוספות ד"ה והמלוה סלע לעני ...

(SUMMARY: Tosfos discuss the discrepancy between this Gemara and the Gemara in Chagigah, which castigates someone who lends money to a poor man, and then explain the Gemara there 'Zuzi le'Al'la Lo Shechi'ach, li'Selisa Shechi'ach').

(d) Answer (Part 2): Whereas the Gemara there is speaking where he lends him the money in order to pay the various taxes that he owes the king, and which they would forego if he did not have the money to pay.

(e) Answer (Part 3): It therefore transpires that, due to the good-doer's kindness, the tax-collectors claim their due, and at a later stage, the lender will come and claim the debtor's house and fields in lieu of his debt, causing him a great loss - and that is what is meant by "Rabos Ra'os ve'Tzaros".

1. Explanation #1: And that is what the Gemara means there when it says 'Zuzi le'Al'la Lo Shechi'ach' (If there is no money to purchase corn), 'li'Selisa Shechi'ach'? (How can there be enough money when they force him to sell or to mortgage his house ('li'Selisa' is from the same root as 'Talyuhah ve'Zavin' [to force a person to sell] in Bava Basra).

ובקונטרס פירש שם דקאי א'אם טוב ואם רע' - זה הנותן מעות לעני בפרהסיא.

2. Explanation #2 (Part 1): Rashi however, explains there that it refers to the earlier Gemara, which, commenting on the Pasuk in Koheles "Im Tov ve'Im Ra", explains that this refers to someone who gives money to a poor man in public.

וקאמר 'זה הממציא מעות לעני בשעת דוחקו'.

3. Explanation #2 (Part 2): And it is in connection with that statement that the Gemara comments 'This refers to someone who avails money to a poor man at a time when he is hard-pressed.

4. Explanation #2 (Part 3): And 've'Zuzi le'Al'la Lo Shechi'ach' Rashi explains to mean that he gave the poor man when he was hard-pressed, when he ought to have given him Tzedakah before he reached that stage, to enable him to purchase produce when it is cheap, which would have caused him to gain.

8. Alternative Explanation: Alternatively, the reason that the Gemara calls it 'Telisa' is based on the Gemara in Menachos, which comments on the Pasuk "Ve'hayu Chayecha Telkuyim" that this refers to someone who 'relies' on the baker for his bread.

9. Alternative Text: Some texts reverse the statements - 'le'Al'la Shechi'ach' (when one purchases corn in one go, there is bread in the house); 'li'Selisa Lo Shachi'ach' (When one purchases bread from the baker, it is not).

6) TOSFOS DH SHE'BARZEL MEIMIS B'CHOL SHE'HU

תוספות ד"ה שברזל ממית בכל שהוא

פירש בקונטרס, שתוחב לו מחט בושט או בלבו.

(a) Explanation #1: Rashi explains that it speaks where someone stuck a needle into his esophagus or into his heart.

(a) Ruling #1 Example #1: Like the case cited in 'ha'Meni'ach' of someone who is demolishing his wall into a trash-heap (and one of the stones killed someone who happened to be there), then if there are not generally many people there, he is considered an Oneis and is Patur.

(b) Ruling #1 Example #2: And similarly, the case cited in Perek Keitzad, where someone had a stone in his bosom of which he was totally unaware (and which then fell out and wounded someone) although he is Chayav with regard to damages, he is Patur from Galus if he killed him.

1. Ruling #2 Example #1: There are cases of Oneis which are even Patur from damages, too, such as that cited by the Yerushalmi, which differentiates between someone who lies down next to vessels (who is Chayav if he breaks them), and someone who was sleeping there and someone who placed the vessels nect to him afterwards (in which case he is Patur) ...

3. Ruling #2 Example #3: And the case cited in cited in 'Eilu Na'aros', of sons whose deceased father left them a borrowed cow, which the they subsequently Shechted and ate, and for which they only have to pay for the benefit, but not for the damage ...

4. Ruling #2 Example #4: And the case in Perek ha'Parah, of someone who enters his friend's Chatzer without permission, which absolves the owner from having to pay, if unaware of his presence, he inadvertently wounds the trespasser.

5. Ruling #2 Example #5. And another case in 'ha'Meni'ach where Reuven is carrying his barrel in front of Shimon' who is carrying a beam, and where Shimon is Chayav should he knock into the barrel with his bean and smash it. However, if Reuven suddenly stops and Shimon then bangs into the barrel and smashes it, he is Patur.

6. Ruling #2 Example #6: And the case in 'ha'Socher es ha'Umnin', where Rebbi Yehudah rules that a Shomer Chinam who is transporting a barrel from one place to another, and breaks it swears (that he was an Oneis and is Patur from paying). And since he exempts a Shomer Chinam from paying, and does not obligate him to pay because of Adam ha'Mazik, we can extrapolate that Oneis that is similar to Geneivah and Aveidah is Patur. And that explains why a Shomer Sachar is Chayav.

7. Question (Part 1): In Perek Keitzad ha'Regel the Gemara renders Chayav someone who fell off a roof in an irregular wind, even though an irregular wind is considered akin to Geneivah va'Aveidah (as we shall now set out to prove) ...

8. Question (Part 2): Like the Gemara says in Perek Shor she'Nagach Arba va'Chamishah' regarding 'Four (the four Shomrim) who take the place of the owner - where if the oxen killed when they are Mu'ad, they are sentenced to death, the owner is obligated to pay Kofer and to pay the value of the ox to the owner, except for a Shomer Chinam.

9. Question (Part 3): And the Gemara establishes it where the Shomer guarded it badly (with an inferior guarding), only whereas regarding a Shomer Chinam, his Shemirah has been fulfilled, regarding the other Shomrim, it has not.

10. Question (Part 3): And the Gemara asks 'Like whom does this Beraisa go" If it is like Rebbi Yehudah, who equates the Din of a Socher with that of a Shomer Sachar, then the Tana ought to have said that by a Mu'ad, they are all Patur from Kofer (since, Rebbi Yehudah maintains that for a Mu'ad, an inferior guarding will suffice, and by this we mean a door that is strong enough to withstand a regular wind, but not an irregular one, as is evident from the Gemara in Perek ha'Koneis)?

11. Question (Part 4): And since the Gemara renders Chayav a Shomer Sachar and exempts a Shomer Chinam, we can extrapolate that an irregular wind is akin to Geneivah va'Aveidah, in spite of which we render Chayav Adam ha'Mazik, as we explained?

12. Answer (Part 1): An irregular wind is actually akin to Aveidah, for which we render a Mazik Chayav. Whereas someone who slips is considered akin to Geneivah, for which, according to Rebbi Yehudah, Adam ha'Mazik is Patur, as the Gemara says in 'ha'Sho'el' - 'Geneivah is close to Oneis and Aveidah, to Peshi'ah.

ולענין שומר שכר מיחייבי תרוייהו.

13. Answer (Part 2): A Shomer Sachar, on the other hand (who is Chayav for both Geneivah and Aveidah), is Chayav in both of the above cases.

14. Proof (Part 1): And so it is evident in ha'Gozel Kama, with regard to an expert butcher who renders an animal T'reifah, where the Gemara queries those who exempt him if he Shechted free of charge, from the Beraisa which says that if one gives an animal to a butcher, who rendered it a Neveilah, he is Chayav, because he is like a Shomer Sachar.

אלמא, ס"ד דהאי מקשה אפילו בחנם חייב כמו שומר שכר שחייב על האבידה;

15. Proof (Part 2): So we see how the Makshsh (the questioner) thinks that even a Shomer Chinam ought to be Chayav, no less than a Shomer Sachar, who is Chayav for Aveidah.

16. Proof (Part 2): And the Gemara answers 'Say (not that he is like a Shomer Sachar, but) that he is a Shomer Sachar', which explains why he is Chayav, whereas if he had Shechted free of charge, he would have been Patur, seeing as it is similar to Geneivah.